WARNING: ARTICLE CONTAINS SENSITIVE SUBJECT MATTER THAT MAY BE TRIGGERING TO SOME INDIVIDUALS!
(Hagerstown, IN)--On Friday, Kicks 96 and 101.7 The Point obtained the affidavit that details the allegations against long-time Hagerstown teacher and coach William Tom Drake. A warrant has been issued through Wayne Circuit Court for Drake's arrest on the charge of Sexual Misconduct With A Minor But Committed By A Person At Least 21 Years Old. What follows is the complete affidavit filed through Wayne Circuit Court.
Jack Leverton affirms that he has probable cause to believe that William T. Drake has
committed the criminal offense of Sexual Misconduct With A Minor, I.C. 35-42-4-9(b)(1),
a Level 5 Felony and that said probable cause consists of the following facts, to-wit:
Affiant states that he is employed as an officer With the Hagerstown Police Department
and became involved in an investigation involving the defendant named herein, William
T. Drake.
Affiant states that this Affidavit 0f Probable Cause is intended not as a complete recital 0f
all material facts relevant to this investigation but is made solely for the purpose of
establishing probable cause.
On February 28, 2019, I, Officer J. Leverton, responded to Hagerstown Jr./Sr. High
School located at 701 Baker Road in Hagerstown, Wayne County, Indiana. Upon
arrival, I spoke with Principal Dave Tyner and Asst. Principal Emily Schaeffer. They
advised that a female student, Victim 1, age 14, reported that a male teacher, William T.
Drake engaged in inappropriate, unwanted sexual contact with Victim 1.
Victim 1 reported that she has caught Mr. Drake on numerous occasions stating at her
body, specifically her butt, while in class. Victim 1 stated that Mr. Drake would stare at
her in a manner she described as sexual in nature. Victim 1 stated that Mr. Drake would
look up and down her body and would look down her shirt when Victim 1 was talking to
him. Victim 1 advised that she has observed Mr. Drake stare at other girls in the same
manner while in school. Victim 1 further reported that Mr. Drake rubbed his front side
on her butt in a sexual manner at the Snowball Dance. Victim 1 advised that Mr. Drake
was constantly touching Victim 1 an inappropriate amount prior to the Snowball Dance
as well.
The DCS Hotline was contacted by the School Principal upon receiving Victim 1's report.
I confirmed this With the local DCS Office. I was advised not to speak With Victim 1 until
a DCS caseworker could speak with her.
I was thereafter contacted by Kathy Hodge, DCS Case worker. She stated that she went
CASE NUMBER: 89C01-1907-F5-000075 FILED: 7/8/2019 to the school and spoke with Victim 1. At that time, she had no plans to have a JACY House interview with Victim 1. She did however contact Mr. Drake. Mr. Drake agreed to speak with her on Monday, March 11, 2019 at the Hagerstown Police Department.
On March 11, 2019, DCS interviewed Mr. Drake at the Police Station. After the
interview, DCS advised there would be no further investigation into this matter, unless
additional information comes forward.
On Tuesday, March 19, 2019, Victim 1 provided more detailed accusations concerning
William Drake.
On Wednesday, March 20, 2019 at approximately 1:00 PM, I attended a JACY House
interview of Victim 1 performed by Amanda Wilson. Victim 1 again stated that Mr.
Drake would stop her by his desk and look at her up and down and continue to look at
her butt as she walked away. Victim 1 stated that this class was prior to her lunch period.
She stated that sometimes Mr. Drake would touch her butt as she walked out. She stated
she would make an effort to get out of the classroom before Mr Drake could touch her.
She stated that when she was able to do this, Mr. Drake would treat her differently.
During the JACY House interview, Victim 1 stated the first incident occurred at the
Hagerstown Jr./Sr. High School Snowball Dance on or about December 8, 2018 in
Hagerstown. She stated that, during the dance, Mr. Drake put his hands on Victim 1's
hips and slowly, but aggressively, pushed his privates onto her butt.
Victim 1 then reported that, sometime after the Snowball Dance but before to the end of
February, she was alone in a classroom With Mr. Drake. Victim 1 advised that Mr. Drake
told another student, John Doe 1, to tell Victim 1 that she needed to stay after class.
Victim 1 advised that this occurred during a break after class but before the lunch period.
Victim 1 reported that she did stay after class. During this time, Victim 1 reported that
Mr. Drake cornered Victim 1 in his class room, held her hands to the sides, and started
sniffing down her neck. She stated that he then whispered to her that "he was ready to
finally get her alone and was glad it was this way." Victim 1 stated Mr. Drake tried to
remove her shirt and whispered to her to unbutton her pants. She stated she was so
scared that she could not react. She stated he turned her body around and pushed his
body against her back and was sniffing her hair and trying to remove her pants. Victim 1
stated Mr. Drake had his pants undone and forced her hands onto his privates. She stated
that at this same time, he tried to put his hands inside her pants and underwear. Victim 1
stated she was still too scared to say anything. During this encounter, Victim 1 stated the
classroom phone rang. Victim 1 stated that the phone ringing seemed to spook Mr.
Drake. She stated that she was able to get out of the room when the phone rang. When
she left the classroom, Victim 1 stated she went to the bathroom, locked herself in a stall,
and began to vomit. During the interview, Victim 1 stated that she feels that if the phone
had not rung, he may have continued to touch her, and possibly would have raped her.
Victim 1 stated that, on the day of the incident, a classmate, John Doe 1, knew that Mr.
Drake had stopped her before she could leave the room and that she was the last student
in the room when John Doe 1 left.
On March 22, 2019, an interview was performed With a classmate of Victim 1, identified
as John Doe 1. John Doe 1 stated that, sometime after the Snowball Dance, students in
his class were leaving the room for lunch when Mr. Drake asked him to relay a message
to Victim 1. He stated that Mr. Drake told him to tell Victim 1 that Mr. Drake wanted to
speak to Victim 1 after class. John Doe 1 stated that Victim 1 remained in the classroom
as the other students left for the lunchroom. John Doe 1 stated that he went to the
lunchroom as well. Approximately 5-10 minutes later, John Doe 1 stated that he observed
Victim 1 enter the lunchroom upset and crying. John Doe 1 stated that he was not at her
lunch table so he did not know why Victim 1 was upset. John Doe 1 added that he has
observed Mr. Drake watch Victim 1 walk into class on several occasions While staring at
Victim 1's butt. John Doe 1 stated that students in the classroom knew about this
behavior and that it was commonly talked about. John Doe 1 stated that he did observe a
separate incident where Mr. Drake place his hand on Victim 1's butt. John Doe 1 stated
that Mr. Drake tried to make it look accidental, but that John Doe 1 believed that Mr.
Drake touch Victim 1 intentionally. John Doe 1 stated Victim 1 pulled her body away
from Mr. Drake when he touched her, and quickly left the classroom. John Doe 1 could
not give an exact date of this incident, but did state that it occurred after the Snowball
Dance.
On April 8, 2019, at approximately 11:15 AM, I spoke With William T. Drake at the
Police Station. I read Mr. Drake his Miranda Rights and Waiver of Rights. Mr. Drake
stated he understood his rights, signed the Waiver of Rights and advised that he was
willing to make a statement. I advised Mr. Drake of the additional allegations that had
been made by the Victim. Mr. Drake was already aware of these allegations, having
spoken to Kathy Hodge, Indiana Department 0f Child Services prior to speaking With
me. Mr. Drake denied all the allegations made against him by the Victim. Mr. Drake
stated he did not make any physical contact with the Victim or any other student(s). Mr.
Drake claims he did not remember having the Victim stay after class on the day in
question as stated by Victim 1 and John Doe 1. Mr. Drake stated he could not think of
anything that would cause Victim 1 to report What she reported.
Affiant states that William T. Drake is an adult over the age of eighteen.
This affidavit of Probable Cause is made for the purpose of establishing that probable
cause exists for the issuance of an arrest warrant for William T. Drake for the criminal
offense of Sexual Misconduct With A Minor, I.C. 35-42-4-9(b)(1), a Level 5 Felony.
A11 of the events described herein occurred in Wayne County, Indiana.
I affirm under the penalties for perjury, as specified in I.C. 35-44.1-2-1, that the foregoing
representations are true, this 2nd day 0f May, 2019